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Will I Lose My Job/Do I Still Receive Benefits?

Before you consider if you should appeal, let's break down what that means.

Have you been denied long term disability benefits? Call me and let's talk about whether I can help you.

Paying or receiving spousal support? Call me to discuss your rights.

Tell me what happened and we’ll see if I can help you. In Ontario, most people work under an “at-will” agreement. An at-will agreement essentially means that either party may terminate the employment relationship without reason, at any time. While your employer can terminate you anytime and without reason, the employment agreement may set out how much notice must be given before your employer can terminate your employment. In the absence of something in a written employment agreement, the Employment Standards Act (“ESA”) provides for the minimum notice requirement. Think of the ESA as the floor. However, even if your employment relationship comes to an end, your employer may be required to pay you termination (notice) and severance pay, in addition to other entitlements. So even if your employment relationship is at-will, you may still be entitled to pay. On the other hand, some people’s employment relationship is defined by a fixed-term contract. Did you know that you may be entitled to pay based on the remainder of the fixed-term regardless of when the employment relationship ends? Be careful not to sign away your right to pay for the remainder of your fixed-term contract. In the case of at-will contracts, the ESA provides for the minimum entitlements under the law. If the ESA is the floor, the common law is the ceiling. Your contract should set out whether you are entitled to common law damages. The difference can be significant, particularly for long term employees. You should speak to a lawyer before signing an employment contract or termination agreement to see what you may be giving up. Call me, Ammar Hussein at Rimawi Law 613-779-1347.